Newspaper of The New York Herald, March 10, 1843, Page 2

March 10, 1843 Tarihli The New York Herald Gazetesi Sayfa 2
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??? NEW YORK HERALD. < w 'fork. Frldisy, M?rrh lO, 18*3. To \ < \?'?|ui|?cr nml I.lterary Agent*?and lh< Public generally. The \i* \jh A?wt " * monthly magazine ol literature, fashion, and the fine urt?, will be published regularly (rem this othce, onthe tirst of each month. Under i?s new manageinont, this Magazine Will be made equal il not superior, to any other in the country, in original literature, poetry, engravings, und everything interesting to the lashionable and intellectual portion *1 th public. The numlier lor April will contaiu a most beautiful enrraving, accompanied with a description ol the FOUNTAIN IN THE TARK. Other engravings, colored and plain, with a new and engiaal plate of the latest Ladiie' Fashions, will also enrich this number. From those and other arrangements, it is intended to give to the Aa i ist one of the highest characters ol any ? .t uia|a(iiicin larvuunuj, wuciun n wowjwvm;, in J original sketches of society anJ fashion?elevated criticism?elegant writing, or specimen* of the fine art*. No expense will be spared?no mode of right enterprise overlooked, In order,'to effect this object. Our present competitors are " Graham's Magazine,'' with a supposed circulation of jo,(hh) copies?" Oodey's Book" with a circulation of -25,000 copies ? both published at Philadelphia, with two or three magazines here, of less circulation. Our purpose is to make the " New York Artist," reach a popularity?a character, an originality and a circulation equal to any of these very popular magazines. New York is the great centre and soul of genius, literature, fashion and the fine arts on this continent. Our easy and rapid access to London and to Paris (particularly with the latter w hen their steam lines shall he established,) to procure the earliest fashions, is better than that of any other city on this continent. Also, a variety of new and interesting features will be added to the Artist in the course of its future publication. NEWSMEN and PERIODICAL AGENTS, throughout the country, will please to transmit, post paid, their orders to the undersigned at as early a day as possible. Subscribers in the country, remitting $3, post paid, will receive the Abtut for one year by mail. JAMES GORDON BENNETT, PcaLiiHr.a or the "Artist" Masseuse. Hkrald Orrica, North West corner of Fulton and Nassau street. March It, 1843. Important Proceedings?Tl?e Somers Case before the Grand Jury and the United States Court. A lull, accurate and comprehensive report ol all the speeches, arguments and proceedings that may take place to-day in the United States Court, will be reported in the Herald of to-morrow, such as no other paper in New York can give. It is expected that Charles O'Connor and Bcb. F. Butler for the Spencer side, John Duer and G. ?iriffin for the McKenzie side, will all appear and argue the point of jurisdiction by the Grand Jury. It is highly probable that many finished bursts of eloquence may take place. Look out for the Herald to-morrow. The Libxabies of Europe.?The Rev. Dr Baird, a gentleman of great literary attainment, and who has just returned from a very extended tour in Europe, gave a very interesting lecture last evening at Niblo's poloon, on the " libraries of Europe." A numerous and highly respectable audience assembled on the occasion. The Doctor did not say much about the libraries of Great Britain, Ireland and France, as they are tolerably generally known. At Copenhagen the library contains the best and most valuable collection of Scandenavian literature in the world. The libiaries at Stockholm and Christiansand were very rich. In the latter was one ol the most remarkable volumes in the world?the "codex argent inso called from its silver letters. It is a translation of the New Testament, or portions of it, and every letter, with the exception of those in a few lines, is made of silver, that is ol silver foil laid on the thin parchment. The royal library of Stockholm contains SiK)0 volumes,and is very valuable. It contains the largest book ever made; it is a yard long, eighteen inches wide, and of the same thickness It is a sort of encyclopaedia, and its contents were written with a pen by a person condemned to die, and who wished to propitiate his judges by ^ome extraordinary work. It was said that he made this book by the help of Satau, in one night, and it is therefore styled " The Devil's Bible." There is also in this library a curious collection of letters from Charles XII. to his sister; and likewise the identical Laiin Bible which belonged to the great reformer, Luther, and on the margin of which are the numerous notes made by that illustrious man. The Launch.?The packet ship Liverpool was launched yesterday afternoon at two o'clock. It was really a magnificent affair. This ship is nearly twelve hundred tons in size, and, therefore, the largest merchant vessel in this country. She dipped into the river most beautifully, and lays swan-like on the water. Such a packet is an honor to our shipwrights. Thousands witnessed the sight. The weather was so fine and spring-like, that all, who had time, were there. Over five thousand were present. We understand that the keel of another packet, one hundred tons larger than the Liverpool, will be 'aid immediately in the same yard?that of Brown & Bell's. She is to be named the Great Western, will be commanded by Captain Woodhouse, and is lobe one of the line with the Liverpool, Rochester .iud Hoitinguer?Woodhull As Minturn, agents. We shall soon have packet ships as large as the line of battle ship Pennsylvania. Post Office at Albany.?We learn by confidential advices, that a desperate attempt is making to uiduce President Tyler to remove General Van Renssalaer, the hero of the last war, from the Post Office at Albany. "We sincerely hope the President will seriously reflect upon it before he makes a change. The friends of Van Buren want that office in order to use it to his advantage in the coming contest. Amkhjcak Isstitcte.?The last of the exhibition ?i the Planetarium at Niblo's Garden, commencing -?i l- n tv* t?t-:~ j a- ? cii #5 u nucit, r. i*i. & Kilo *tuu lu.inorruw ^veninc clones the exhibition in this city ol the most perfect model of the heavenly bodies, extant. In this short space those who wish may obtaiu a general understanding of astronomy. Is it not wisdom to abandon ordinary amusements (only two evenings) for a knowledge of this vast creation 1 Lectures on Astronomy, with addresses. Admission 25 cents. Court ok Errors.?The Court has determined by a vote of 18 to 10, to hold the summer session at the City Hall in this city, commencing on the first Saturday of June next. The Chancellor then moved that the calender o| writ* of error he alone taken up at that session, which was adopted. Nkw Jersey Ram.road?Gentlemen doing business in this city and living in Glizabethtown and along the line ot tins railroad are urgent to hnve an accommodation train leave at six o'clock in the afternoon. We should think that the company would find it for its interest to send a train at that hour. From Aijiayy. Last evening we received Albany paj>ers of yesterday morning. This is despatch We are indebted to Pomeroy Ac Co. for them They were brought over the Housatonic Railroad. tr>? Mr Wallace, the distinguished orator, deliver? a poem called " Apollo Restored," at Csncert Hall to night. There will be splendid,"singing and music. A great house may be expected. Mayors at thi East ?In Salem, Stephen P. Webb lias been re-elected Mayor by a large majo rity, and in Lowell, Nathaniel Wright. Cant't he Brat.?Our streets in dirt and filth. They are kept in their pren..nt condition by the new contract Steam ship Great Westers Where is she ? It is now believed that she did not leave F.ngland u the llfli till Has she not ueen sold ' IukSomkbs Tragedy?New Movements in the Case.?It will be seen from our report of the proceedings in the Circuit Court yesterday, that very elaborate arguments will be offered this day relative to the jurisdiction of the Grand Jury i" the case of Commander McKenzie. Messrs. Butler and O'Connor will ap|>ear on the part of the applicants lor a bill of indictment, and Mea-rs. Grilfin andDuerfor the other party. The high character and distinguished attainment* of these gentlemen, warrant the anticipation that the very important questions which have now risen in the progress of this case, and invested it with new and keenly exciting in. terest, will be discussed with the greatest legal ability. The importance of this remarkable case grows greater every day. From the very first we predicted that it would attain this mnirnitnH* ns w#?ll from the very nature of the melancholy transaction itself, and the character and position in our coinmunity of the parties immediately concerned, a9 from the very important interests and principles involved. In the first place, the case was one altogether unprecedented. Never in the whole history of our naval service, had such a charge been heard of, as that two-thirds oi the crew of an Ameiican ship of war, had, in time of peace, too, deliberately formed a conspiracy to disgrace their flag and the name of their country, violate the persons of their countrywomen, plunder our merchant ships, and murder their own flesh and blood. Then there was the execution of an officer of the navy and two seamen, manifestly, as ts indeed now admitted on all hands, contrary to strict legal requirements; and sought to be justified only on the grounds of an urgent necessity, of whose existence exceedingly slender proofs have as yet been discovered. As soon as the vessel touched the shore, new elements of difficulty and excited controversy enter into the case. On the one side, we have the Spencer family, very influential and powerful, and with its extensive connexionsjthreughout the State of New York, and in every department of the General and State Government. On the other side, we have the Slidell and McKenzie lamilies, influential also, and iiuuturriuK amongst meir connexions many ot our most ?espected citizens. The controversy has thus become invested with all that spirit of bitterness and factious feeling which characterized the feuds between the noble families of the Venetian republic. And not only are the reputation of our naval service?the honorfof the nation?and family pride, deeply involved and mixed up with this case, but it has also become a subject of grave discussion in Europe, and promises to occupy the universal attention of the naval and military men of France and England. All these circumstances combined, give to the future proceedings in this case, vast additional interest and importance ; and as our object continues to be, the maintenance of perfect impartiality, and the award of even-handed justice to all parties concerned, we have deemed it proper and equitable to annex the defence of Commander McKenzie and his officers, as urged with great zeal by two of the Wall street papers, who have very conspicuously appeared amongst his friends. In this defence, it will be seen, there|is a great variety of matter introduced; and amongst the rest, some very hard thrusts at this journal, on account of the course it has adopted in this case. It is even insinuated that it has been through our agency that the British press has condemned the conduct of j Commander McKenzie. This sagacious charge can i hardly be deemed worthy of contradiction by people who give themselves the trouble of exercising the reflective faculties with which the Creator has bountifully endowed the human species. This insinuation is very much like the imputation cast upon us, that we are directly under the influence ofQueen Victoria herself, and that we never utter a word, take any view of the leading questions of the day, from the street contract to the right of visit, without the express orders of her little Majesty, under her sign manual, and dated at Buckingham Palace, and received by us per the last steamship. Again and again we have stated that we have no feelings either one way or the other with respect to Commander McKenzie himself. AH we desire is, the maintenance of the reputation of the naval service, the national honor, and the award of impartial justice to all parties concerned. In thp annexed defence, it will be perceived that the Courier exhibits its characteristic bravado and bluster, and perfect contempt of vulgar argument and 1 reason. The defence set up by the American is rather more dignified and calm, and appears to be of a much more effective character. With these remarks we give the articles to our readers, who will of course take them for what they are worth:? [From the Conner and Enquirer.] Thf. Court Martial asd the! atrocious attemrti to isterfkre with it !?Highly reprehenaible at it undoubtedly is, for individual); or for the public pre** to disturb the deliberations of Courts constituted by the laws of the country for the trial of those charged wltfc offences, it is quite time for all presses and all persons claimina re spectability to speak out and to speak loudly in the case of Commander McKenzie and his gallant comrades in the ( suppression of the mutiny on board the Somers. There- t gular press of this city has done enough for decorum and refrained long enough from participation, and it is quite t time now, to do something for justice and for the charac- f terof the count-y. A most able and distinguished Court f is engaged in the investigation of the case, without the ' slightest room for doubt that its decision will be in accordance with strict justice to the country, to the honor and welfare of the Navy, and to the oiheer* on trial. This r being the case, the city press has preserved an almost an- c broken silence on the subject, except in instances where c the most atrocious falsehoods in other places have seemed i to render prompt denial imperative. ] But, it were the grossest dereliction of duty any longer I to refrain from meeting, and meeting manfully and thoroughly, thenefarious instrumentalities that have been not 1 in requisition to poison the feelings of the public, aud if I possible those of the Court Martial, against Captain Mc- i Kenzie. Wo certainly do not propose to make battle very i seriously with that portion ol the newspapers which are < making their daily onslaughts upon the officer on trial,for there is nothing either in their character or their position which calls for it. The moving causes of this movement are too well understood to leave any necessity for deviating from the general disregard with which their malicious imbecilitv and want of character is held. When, however, a high officer of this Government, so far forgets the proprieties of his staton ns to aid in such disgraceful proceedings, and use* the authority and probably the patronage of the Government itself in persecuting a meritorious officer of its own, the ptvss is bound to drop all delicacy, and dismiss all fastidiousness of phrase. If a Cabinet Minister is at liberty to use his official influence and to employ a mercenary and degraded public press, for the conviction of an American officer, whom nine-tenths of the community believe not only to be innocent of offence, but deserving cf honor for his acts, we know of no right that we and all others ha ve, not to expose such conduct, and to stanl between the accused and those who persecute him. t That John C. Spencer, the present Secretary of the i i n-H'ury, linn usen aim m aim n ing 11 omcini influence i and Ins most zealous personal eltort* to procure the pun- i isliment of a* good an officer ait there in in the United i State* Navy, there i* no room to doubt. That he ha* em- i ployed eminent lawyer* to aid him in the design, and cn- i delivered, against all precedent and aguinst all the usages | ofthe service, to bring ?ach instrumentality in the Court 1 Martial now in session, we all of us know from the actual fact* before u*i that he has done and is now doing much morn for the attainment of hi* end, admits of no doubt.? Wo charge nothing upon any man that cannot be proved, but we all have the light to say what is universally believed, and if we mistake not. it is universally believed that the father of Philip Spencer is guilty ( a course of conduct on this sub|ect that should consign him to the execration of theconntry, even after allowing all that can be called far to the feelings of a father and to (theflnatural sensibility to family disgrace. There is something in the attempt now making Mo procure b grand jury supple enough to find a hill of indictment for murder against McKenzie, which in our opinion is one of the most extraordinary proceedings ever attempted in the country. While an officer is on trial before tn e very tribunal provided by the laws of the land to sit in judgment on him, the Grand Inquest of a United States Court is called iqion to place him before a civil forum, ar.d try htm capitally parri passu !?subjecting him to double trial at the same lime, and putting him in a position from which every American citizen is protected by law?twice In peril ot his life for the same act' Itisa known axiom of the Common law, not only that Nemo hit punKer pro soiftm delicto, but that no man shall twice tie put in Jeopardy of his life i for the ssmecrime. II the Grand Jury of a Civil Ceurt i has the right to indict a man in the midst of his trial be fore a competent tribunal, the Court has the right lor aught we see, actually to put him on his trial, and to'pass i sentence ii|K>n him il convicted, whether he be acquitted I or found guilty in the other jurisdiction. If this be the law 1 ol the United States, we advise the officers of the Navy and ol the Army to throw up their commissions as speedily as possible There is not 9 moment's salety in remaining in either branch of the service. It is quite dear from the express words ot the Act ol Congress that they are amenable to Courts Martial, and ifthe Civil jurisdiction is concurrent -nay, Kit may be exercised regardless ol the Military tribunal, every officer every seaman and every soldier, has two chancoa to be hanged where the citizen lias but one. That is all that can be said about It A doc. trine too moustrotis to be admitted for a moment. Q|Mow*ver, w# will not entertaiu even 1 (doubt as to the courts of the gran J iury in this cue. The bill will be J refuaed ; no matter how that grand Jury mar hare been conatitutvd, even if it hat been packed (we do not tay it hat) for the very purpose of indicting the officers of the Somen, they will never find a true bill under auc.h cir cumatanrea. We will not permit ourtelvet to believe it possible. With regard to the influences that have been attempted to he brought to bear upon the Court Martial itself, we have very little to say. The distinguished officers who compose that Court are not the men to be otTected by them. They know their duty and will discharge it as becomes them, and as becomos the honor of their noble service, and the honor of the American character. The) will do justice; and we can easily imagine and uppseciat> the scorn they feel, not only for the purchased malice of a degraded New Yo'k press, but for the bullying of toreign braggarts and calumniators. Not content with abusing i the otfirers of a United States man-of-war themselves, articles have been written, and materials collected and sent across the Atlantic to be putdished in British papers, sent back and quoted here tor the purpose of bullying an American Court ot Naval Officers ! The British United Service Journal is even cruel enough to call the execution ot the Somers mutineers " Lynch Law,"and to pronounce the gallant fellows who brought the vessel ints port?cowards. Cowards are they 7 Test that question with any selection you make from them, down to the youngest midshipman, Mr. John Bull, and you will probably reverse that opinion. Cowards are they 7?ask the survivors of Captain Barclay's tquuuronu iney are 01 opinion that there it a great deal ot' cowardice in the Perry't?at the British soldier if he hat any particular reasons for supposing the Gensevoorts a very run-away race. Let any English officer, whose toatet run that way, try the mettle of Mackenzie with an equal or superior number of men and guns At to "Lynch Law," it were as well for British soldiers and British sailors to ray but little about it. It was Lynch Leant the Nore, wc suppose ? Lynch Law when Lord Cnmelford shot his Majesty*. Lieutenant dead, for refusing to obey an order of questionable legality. We Have given them Lynch law ourselves at different times. Hull uispensed a little of that code upon the Guertiere on a certain occasion. Bainbridge lynched the Java most abominably, mid Biddle and Jonet and several others have been guilty of very " irregular proceedings" towards Bri- | tis'u subjects, wo acknowledge, and we do not wonder at any little complaisance like that of the British journalists. As to the honor of the American Navy in connexion with \ the Somers, Stewart, Jonet and Dallas have passed upon it, and that answers our purpose, without any particular reference to the opinion of the '' United Service Journal.i [From the Naw York American.] ] Thf. Cask or Commapidkr McKcnziz.?The interest which we confess ourselves to feel in this case, and the importance to the efficiency and honor of the naval ser- i 4vu, uo fini iv me Bm umy ui mi oummerce un me , ocean, of a right decision of the public mind, must be our apology tor the remarks we are about to submit. 1 We have been withheld hitherto irom plain speech on | this subject, because the Court Martial was still sitting; nor should we now depart from this reserve, but for the ] indications all around us, and to which we cannot shut | our eyes, of active, constant, vindictive, and persevering , efforts,both to influence public opinion against Mr.McKt n. ' zie, and to harrass him on his trial for life or death, and t diminish his chance of honorable acquittal, by facilitating the evasion of essential witnesses, and by attempts to drag | him from the sole tribunal to which he is amenable, be- I fore other Courts and other laws. I In plain words, Mr. John C. Spencer, one of the high functionaries of the Government?who imposed upon the * nation a son, known to him to be unworthy when he ob- , tainedforhim rank and station in an honorable service? . is bending all the energies of his character, and all the ' influence of his station, to crush the man who, in the dis- ; charge of a public duty, as solemn and painfnl as ever devolved upon a commander, cut short the career of crime which this youth meditated against the flag of his country, 1 the lives of his comrades, and the security of the ocean. , It cannot be necessary for us to ? ay that a father's grief and a father's feelings, we would unfeignedly respect. < and with all tenderness approach ; but a father's blind . resentments, when he himself with full knowledge of the way ward and vicious propensities of his son, placed him 1 in aposition, where honor and fidelity could alone secure j respect?and where crime must, from the necessity of the case, be vigorously dealt with?can claim neither sympa- 1 thv nor forbearance. ; Sir. Spencer has sought to turn a great public and national investigation, into a vindictive private prosecution. From the very outset, he threw down personally the gage j of battle ; and while stranger.hearts bled for him, even while they approved the act that bereaved him of a son, he sought relief?for his affliction 1 Oo .' no?but for his i purposes of vengeance, formed on the instant, to be aban- , doned only with life, in that remarkable communication J to the Madisonian, signed S.?a communication evincing t coolness, deliberation, the full possession of every faculty, l and complete mastery over grief and passion. The heart and its sorrows had no share in that paper. d The indication thus promptly put forth, has been steadi- ly followed up?before the Court of Enquiry, the Court Martial, and the Civil Courts. It is to be traced through 0 the political brotherhood of Hope in New York and in h Washington?the venal press here, and, as we apprehend, the prejudiced, if not venal, preas of England. c The Court of Inquiry wai hardly formed Defore it wa? tl announced that two distinguished lawyers|ot New York ,i were retained as counsel for Mr. Spencer. They did not indeed appear before that Court?but they were busy in v preparing and advising the various efforts to induce the civil courts to interfere either with Mr. MacKenzie himself, or with the delinquents brought home for trial. t< When the Court Martial convened, these gentlemen a;> plied to be received as the counsel for Mr Spencer?in _ other words, to thrust the United States 011 one side-to ii consider the public cause as naught?and to sink the dig- ? nity of a great national question into the littleness of personal and private revenge. This was, of course, refused. J Moreover, Mr. Spencer, as Secretary of War, detached one of the clerks of his department (nis son-in-law, Mr. Morris,) to New York, to aid in collecting testimony, * stirring up effort, and combining operations. The Judge {1 Advocate, thought it not foreign from his duty to introduce this gentleman before the Court, and to add that 11 through him he expected to be able to present Mr. Spen- n cer's views of the case, or words to that effect. But the .1 Judge Advocate should in fairness have added, too, that, 1 although then lor the first time presented to the Court, after it had been many days in session, yet Mr. Morris had t( been in communication privately with him from the commencement ofthe trial. f It was with the assistance and Bdvice of this gentleman, c and of the counsel ot Mr. Spencer, that the various apprentice boys were from time to time liberated, and when e :hus liberated, they and Cieaveland, the relative of Cromwell, were, and we believe are, habitually in consults- ^ tion with Mr. Morris at the office occupied by him. (: It is through this same av?pv US there is ever* renenn :o believe, that the rule* and regulations ol the Service lave been set aside, and its discipline defeated, by the al>- a lurd and lawless assumption of the Recorder tod ischarge n uilisted apprentices of the Navy, on the pretext ot their fx Deing unduly punished. Ol the political brotherhood of Hope, who cannot name men, from Post Master Graham to his deputy Redwood J, Fisher, through dercending ranks to that worn out hack iouth worth?who make it a point to talk down McKenzie re tnd talk up the virtuous mutineers ? hi Of the venal press here, we need hut name the Units nl md Herald; and the mention ol this latter brings us to tr he point where the English press comes in question. On the'J7th of last month, the Herald republished cer- je ain articles from the London United Service Journal, and rom the London Standard, treating of the mutiny and xecution on board the Somers, and characterizing it as R 'Lynch Law afloat " re These articles were thus introduced by the editor w "Aswe predicted some time since,the Somers'case now iresents a new and most important aspect, in consequence j J the narrative of Commander McKenzie, and the reports ,! if the proceedings before the Court of Enquiry having 1 eached Europe, and been subjected there to the froe, im- P; partial, and enlightened examination of the conductors of he i'liblic press." j, " As wc predicted The phraseology would probably |f have been more accur ate if it had run, " as we prepared," lor we verily believe these articles were prepared on. or kUggested from, this side of the water. Of course this ? cannot be proved, but we ofler to our readers the consi- '* derations which lead us to this conclusion. h First, the Herald boasts that it predicted the nature of the 1] English opinion relative to this transaction ; and wcare hi told by some who read that paper, that again and again it j| made this prediction, with strong intimation ol w hat the j. opinion would be. Secondly, we have reason to believe that the same sort of language was held by persons around and in the confidence of Mr.Speneer before the arrival of the steamer that )| brought the papers contaiuing these strictures. Thirdly, the language of the articles themselves, which is passionate and vindictive far beyond any thing V likely to be used by distant and disinterested critics. "The idiocy of jioltroonery,'' "most abject and fetid cowardice," "villanous malice and exaggeration,""canting narrative," "elaliorate and disgusting hyjioci isv"atrocious mur- c' /Is.ra " tin/1 nfher t.hraanc oattr.r mom nfflw. ti sonal resentment* of injared parties, than of the impartial judgment ot foreign spectator*. The distortion of facts w and the sophistry of statements,have a strong resemblance P1 to like characteristics in articles published on this side; * and above all, the expressions, "plegmatic Dutchman," 01 applied to Mr. Orensevoort, and the rather peculiar and uncommon word "slain," introduced into one of these '' articles, seems to stamp them as of Jomestic origin. There is nothing in the name of Oansevoort so decidedly Dutch as ''' at once to arrest attention. We venture to say that to n ' great majority of the readers of newspapers in our own B country, this name conveyed no such association?a fortiori, it was luss likely to do so in England. J But it may be objected that the English papers of re- j' spectability would not lend themselves to such a purpose, y Possibly they had not examined the case?possibly the ar- ? tides reached them in a way flattering by contrast to na j, tional pride?possibly through sources in which they had Cl confidence?jiossibly because, through prejudice agninst us, they did approve such strictures upon a navy that dis- t, enchanted the world as to Rritish invincibility on the f( ocean?finally .because possibly the publications were paid ? for. In regard to this last supposition, we only remark, j, that in the same number of the Herald which ushers ,, forth these extracts from London papers, a* conalusiveof the opinion ol the civilized world against McKenv.ie, and admonitory to the Court Martial then and now sifting, how they should discharge their duty, we And it said of a the London Times, the leading journal of Europe, and of the London Morning Chronicle, also in the flrat rank of tl newspapers, that they are both in the pay of the London d banking houaea, to depreciate thp financial credit of America. If snch journals can be purchaaed?which we by no means affirm?for assailing our honor in one part cular, it is not difficult to believe that journals of lee* responsibility t' and renowa may be purchased to assail it in another. | But dismissing altogether this view of the case, and supposing that the articles from the London nsper* are c genuine exponents of the feeling there?what then 7 Where is the American heart, that would hesitate ia such a matter between the hastily formed and hastily expressed apinion of prejudiced, Irresponsible and self-eon*tituted bulges, belonging to t jealous rival?and the deliberate opinion uttered under the snnction of a solemn oath? upon the res|ionsihility of their great names, and after a full investigation of the testimony?by Htewart, and Jones, and Dslls* 1 We address not this fpiestion to such miserable foreign vagrant* and hirelings as those of (he Herald, nor to the meaner and baser *|>awn of our own rank soil, who for a price, would defile all thatisnohle, just and true?hut we address it with all confidence, to honest and upright Americana What say those men whese whitening loch* are hound with laurels snatched in the bloody arbitrament ot war ( from the self-constituted naval supremacy of England uhstsay they of a liansaotiou so insolently and falasly 11 characterized aa " Lynch law afloat ?" Read and rcmen. her. "The Court are of opinion, Jthat, throughout all these painful occurrence*, io well calculated to difturb the judgment and try the energy ot the bravest and moat experienced oflio rs, the conduct of Commander McKenzio and his olHcers was prudent, calm and firm, and that he and they honorably performed their duty to the Service

and thnrCountry." In op|K>ntion to such a record, avouched by tuck men. what weight attaches to abusive words, such as we have heretofore quoted from the London strictures. Wo leav? them to be enjoyed and believed by their inventors and abettors on either side of the Atlantic. li by litis defence Commander McKenzie is to be acquitted nt the bar of public opinion, we shall he quite sutiefied. It will all be very well We have no hostility to this gentleman. Far from it. We heartily wish him safe out of this uncomfortable scrape. And that our benevolent aspirations are not as valueless as the " Courier's" savage bravado, we think we have fully established, by the publica (ion of the whole el the elaborate defence of Commander McKenzie offered by two of his advocates, whose zeal and skill we cannot for a moment call in question. City Intelligence. Indians in the City Arsenal.?The Chiefs, now o? a visit to this city, by invitation of Commissary General Storms, attended a parade of the Independence Guards, Captain J. T. Cams, yesterday afternoon. A number of ladies and gentlemen had also been invited, among whom we noticed the Recorder, Judge Lynch, District Attorney Whiting, Gen. Morris, Edwin Forrest, fee. fee. After the chiefs had been received in military etiquette by this remarkably well-disciplined and soldier-like corps, they were honored with a saluie from several of the elegant brass field pieces in the Arsenal Yard, which excited their astonishment and wonder in a peculiar manner. But one of them hud ever heard the deafening roar *of artillery before ; and, although not a muscle was moved at the discharge of even the heaviest cartridges, yet they looked at the scene with those peculiar expressions of astonishment that are perceptible only in the Indian face. We asked one old chief, through the inter veter, what he thought of such implements to light with 1 He hesitated, and answered, " Choohuck-a-Konk-i"?which, interpreted, means, "It sounds like God Almighty," alluding, as we supwsed, to the artillery ot heaven, as familiar to him n his forest home. The principal chief on leading :he Arsenal, after they were shown the implements jf warfare in the various departments of the yard md buildings, said to his interpreter:?"Huk-anatonk hi hick ko-chunk-a-hoo jw-tot aho-tot to-hout js," which, translated, n>efts?"If Indian figM >vhite man he take the arsenal and all in him, cause tothing but a board fence around it." What a triking commentary was this reply on the neglect >f our State Legislature to appropriate means to endose the arsenal buildings and yard with a suitable wall, and also to constiuct suitable edifices inside or the protection of the artillery and other implements, that form the only land defence of ourextenlive city. We hope this reproof of the cunning Iniian will not fall antiss upon our representatives at Albany. The Boys of the Somers.?Recorder Tall nadge decided yesterday that Edward Galia, Chae. r. Goldenman, Richard Hamilton and Henry Walham, the boys of the Somers, who were brought icfore him on a writ of habeas'corpus should be ischarged from imprisonment, but remanded for eneral service in the navy department. In the case f William Sullivan, who had previously been rought before Judge Inglis, who refused to disharge him from the service, the Recorder stated lat such hearing prompted him not to interfere, but lat he should also remand Sullivan for general series. Anti-Militia Law Movement.?The commitee to whom were entrusted the matter relative to a epeal of the present odious Militia Law, have put i circulation a petition to the Legislature, one oj rhich yesterday received the signature of Mayor /lorris and a number of the members of the Common Council, with hundreds of other citizens. The eprcsentativesfrom this city owe it to their continents to recommend at once such repeal or alteralon of the present law as will relieve the continuity from the onerous evils that now bear upon tiem. The Miller Investigation was continued yes?rday afternoon. A woman and her son, who has sided with Charles F. Miller, at Little Falls, were ailed upon the stand as witnesses, but nothing was licited of the least interest to the public. Explanatory.?A woman arrpsted on \VpHn#?a. ay on a charge of larceny, gave the name of Agnes lurley, which was published yesterday morning. V> since understand that she assumed the name to void giving her own, and that no person of that ame stands .charged with any offence before the olice. Arrest of a Financier.?Officer John H. Low esterday arrested John F. Wyckoff, of Monroe ounty, known as one of the inffators of the cur ncy for the past several years. A bench warrant ad been sent to this city for his arrest, and the aove named officer, after long and diligent search, aced the gentleman to his hiding place, ana inded him over to an officer of llochester, who ft yesterday with his prisoner in custody. Obscene Print Seller Surrendered.?Henry .. HobinsoR.the great Courtlandt street manufactu rof obscene and disgusting prints and engravings, ho was arrested some months since and admitted ? bail in the sum of $2000, was surrendered vesterav by his securities, Wm. Bailey ,fM. D., ana Wm. IcKinley, and after being arrested by officer Tapin, was safely lodged in the city prison for trial. Boarding House Snoozers.?Proprietors of boardig houses whose premises have recently been piliged by two iuvenile beardless animals in the shape f men, with numerous aliases, are requested to all at the lower police this morning, and enquire jr officer Baker, who has the rogues in charge, he laving arrested them yesterday. They have recent/been in the practice of taking board, and when ufficiently acquainted with the premises then reb t during the night and decamp. Come all ye that now them, and help to send the scoundrels u^. Howard's Hotel?Prices Reduced.?Under this eading we noticed an editorial article in yesteray's Commercial Advertiser, to the truth of which re readily assent, and give Mr. Howard the benefit f its circulation in the Herald. Among the many reputable eMabli?hment? for the aronimoilation and convenience of the nublir which ili*. nguisb our city, none hai been more exclusively an 1 <le rvedly patronised than Howard'* Hotel, and we learn ith pleasure that the enterprising and gentlemanly prorietor*, yielding to the depression of the time*, have, ith commendable liberality, resolved upon a reduction r price*, which the whole travelling public now feel to e required by the depreuion of the business of thecoun7 Thi* Hotel has been peculiarly conducted, and with rserved success?serving two breakfasts and dinners at liferent hours to suit the taste and convenience of the entleman of leisure or the man of business. Having long known the Messrs Howards?even belore le elder brother distinguished himself so reputably on ie occasion of the destruction of the ill lated Phtrnix upon uke Charaplain, as the associate of our friend Captain 11. V. Shermnn. and While at Troy, conducting one of the lost popular hotels of that city?it is with pleasure we ave witnessed their, deserved success in their present itablishment?a success almost without parallel among 10 hotels in our country. The .prices are reduced from ivo dollars to one dollar and seventy-five cents per day >r ladies and gentlemen?ladies'ordinary?and one dollar nd fifty cent* for single gentlemen, tor any term exceedlg one day. The prices of wines are also reduced twenp-five jier cent. North River.?The river remains firmly closed t Poughkeepsie. The|ice is so strong at that place, hat teams with heavy loads crossed daily, without anger. Mississippi Rivkr.?This river had] risen about wo feet, but was at a stand at St. Louis|on the 27th It. There was about nine feet wat-r from that ity to the mouth?and the ice has disappeared. Chatham Theatre.?We perceive that Mr. "home has tflecled an engagement with Mr. Charles iaton, an actor of undoubted merit, and favorably nown to the New York public. He appears this veningasSir Kdward Mortimer, in the celebrated lay of the " Iron Chest," in which character he las hut few equals. The entertainments to-night re for the benefit of the Kentucky Minstrels, who vill apt ear on this occasion in a series of new and are extravaganzas, which, in connection with the titer attraction*, is sufficient to draw an overflowing muse. Earthedakks and Comets in Advanck?the Milutnurm Approaching.?This is certainly a most remarkable e[>och in the history ot the world. We hear of tremendous earthquakes in all quartern oi the earth,and even the dominions of the great ocean are shaken. In one single earthquake, at ihe Island of Martinique, 10,000 lives are said to have been lost. These accounts of earthquakes have been reaching us in the pn|>ers almost daily for many months past. And now we have nn extraordinary and portentous appearance in the heavens, eitliera cornet with a most unreasonable length of tail, or else a zodiacal light, or some erratic coruscation ot the Aurora Borealis, we know not what, save that it appears to set all astronomical and meteorological knowledge at defiance. As to the stars, they have usually all been brought out under the management of the New Haven astrologers. It is proper, therefore, to hear what they have to sty in relation to this new celestial visiter which is nightly performing in the western horizon. The New Ilaven papers contain the following notice of the phenomenon Thk Court.?This remarkable body, which since the 1st instant has been seen in the <lay time in several places so distant from each other as to leave no doubt of its being truly a comet, presented itself to us in admirable style last evening about seven o'clock, exhibiting in the southwest a long and narrow train, in shape not unlike the representations transmitted to us of the celebrated comet of 1680. The following observations, made at the observatory of Yale College, though not sufficiently precise for scientific purposes, may serve as a general guide to those who may he on the look out this evening. Rising from the horizon about IB deg. south of the west point, at an angle with it of -J9 deg. it extended for 30 deg. along the southern part of the constellation Cetus, or the Whale, grazing on its southern margin the star tau Ceti, and terminating, so far as visible, at the star tau Eridani. Its light was rendered less striking by the presence ol the moon, then 8 days old; but should its course bring it fairly into view in the nocturnal sky, it promises te be one of the finest comets ever seen. In addition to the above, we have the following from the Woodstock (Vt.) Mercury :? Tmk Nooi*-Dat Cower.?A comet of unusual size and brilliancy was distinctly visible to the naked eye in this vicinity on Tuesday last at noon-day, at a distance, a* #o should judge, of 5 or 6 degrees east from the sun, or aliout twice the space occupied by the three stars in the belt of Orion. It extended over a space in the heavens of nearly three degrees in length,with little more than one in width ?and appeared like a very small white cloud, with its nucleus, or densest part, toward the sun, nnd its luminous train in opposition to it. On viewing it through a common three feet telescope of moderate power, it presented a distinct and most beautiful appearance?exhibiting a very white and bright nucleus, and a tail dividing near the nucleus into tv o separate branches, with the outer sides of each branch convex, and of nearly enual length, apparently 8 or 10 degrees. Though viewca several minutes under these favorable circumstances,no coruscations were perceived. The velocity with which comets move in their immense elliptical orbits when in their perihelion, or near approach to the sun, is very great?sometimes, as was the case with the comet of 1680, passing over a space of 81 degrses, 47 minutes, in one hour ; so that, whenever the weather, which has been cloudy since Tuesday at three o'clock, shall permit us to view this comet again, It is not improbable we shall see it, if we see it at all, many degrees from the position which it occupied on that day. The following is from the correspondence ?f the ITnifpri SfntPa friivofto Pliiln^olnKin ? Nf.w Cas?k, March 7,1843. J. R. Chandler, Esq.?Dear Sir?sA remarkably luminous appearance has been observed fh the heavens for two or three nights past, which has excited tha curiosity of all witnessing it. It is observable about seven o'clock in the evening, in the west, extending archwise towards the south-east, beginning near the horizon. Same have thought it a comet, some a lunar rainbow, others an aurora or reflection of the sun on the western mountains. Per haps some of your readers may explain the phenomena, if so. it would relieve the apprehensions of some weaK minded people. It it expected that the eteamhoat building at thii plae* will be launched in a few days, perhaps Saturday next. Whatever this "sign in the heavens" may be, it may be seen, as above stated, by any one who will lake the trouble to look for it about sundown. It has created great alarm in the minds of many people, as may be seen in the letter from our Albany correspondent. It reminds one of that passage from the 21st chapter of Luke :? And there shall be signs in the sun, and in the moon, and in the stars; and upon the earth distress of nations, with perplexity; the sea and the waves roaring; Men's hi-Rrts failing them for fear, and for looking after those things which are coming on the earth ; for the powers of heaven shall be shaken. And then shall they see the Son of man coming in a cloud with power and great glory. The bearing of these portentous events upon the grand denouement of this earthly drama, we do not of course pretend to determine. The settlement of such a grave and difficult question in theological science, we leave to Dr. Brownlee, he being the heat authority with which we are nrnnainteH in "these diggins." Mayor's Office. Examination of Col. Ward, on the chatge of having a large quantity of counterfeit money in his possession, by his honor, the Mayor March 9, 4 P. M.?Before the examination commenced, Gen. Sanford'r associate in this case, Mr. Drinker, said :?I wish to address your Honor on a point of some importance to Col. Ward, and to the administration of justice. I thought it was understood from the outset, that this examination was to be conducted privately. I noticed a gentleman present from tne New York Herald, taking notes, and. contrary to my expectations, a report has been published this morning I do not complain of the report, for it is certainly sufficiently f avorable to Col. Ward. But the Herald has an extensive circulation, and the publication operates as an advertisement to this Decatur, whsm we wish to catch. Mayor Morris, (addressing Mr. Weeks)?Well, sir, will you be sworn 7 Mr. Weeks was immediately sworn by the Mayor. Chattncey R. Weeks?1 am Clerk, or Second Captain, on board the South America; my business on board the boat is to take people's names and their fare ; I don't recollect hearing of any appliestion*fora trunk containing lout money being made on board of our boat during last season. i in rxpiuiiBiiDii in nun evinence.ii miiouiu ue si?ted, that the position taken by Col. Ward is, that he put his trunk on board of one boat, to wit: the North America, and in attempting to find the boat again, he missed it, and sought for the trunk on hoard the steamboat South America.] Cross examined by ,Gen. Sanford.?I think there were some applications for lost trunks, and other ar tides, made last summer, but 1 recollect no application made relative to a trunk containing lost money. We had no man on board our boat by the name of Reed ; but we Imd one of the name of Rhode*, who now resides at Milton, not farfrom Poughkeepsie. [Col. Ward thinks he inquired of a man by the name of Reed, with *andy hair, on board the boat, for his trunk ] Capt. L. W. Rrainard.?I was Captain of the South America, last summer; I recollect of no application being made on board our boat for a lost trunk containing money. Mayor Morris?Have you any recollection of ever having seen that gentlemanjbefore 1 [Pointing to Col. Ward.] Cant. Rrainard.?I think I have, but I cannot recollect when or where. A way bill of the South America was here produced, dated Aug. 17, 1842, with " Mr. Ward's" name on it. L'rou-examinrd hy Gen. Sanford.? Do'you recollect a ;>erson allying to you on the morning after the arrival of the boat at Albany, stating that he had lost his trunk, or could not find it, and upon in- < quiring when he brought it on board, stating that he had brought it on board at New York ; and your rejvmji it lie tinrt lir.mnlit it ?ti twmr/l ll V, w Ynrlr it wb8 probably on board still Capt. Brainaro.?I have no recollection of any thing of the kind, although it may have occurred Being asked relative to Mr. Rhodes, Capt. Brainard said nia whiskera were ilurk; afterwards,adding they 1 might have a shade of red in them. As to the lose of articles, 1 don't think there was lost any article of the nature of u trunk all last season, which was , applied for and not tound. , Nothing further ol any importance was elicited, and the examination was, therefore closed, as no < more witnesses were in attendance. I Circuit Court, Before Judge Kent. Mason 9.?Pomtroy v?, Cornell?The verdict in this caie wm brought in this morning for the plaintiff, $300 damages, (I cents cos's. Court of Common Plena. Before Judge Ingraham. Mabch 0?William Rohimon vs. Daniel M. Wilcar and William M. Howtll.?An action brought to recover dam gp* against the defendants, for liaving taken the household furniture of the plaintiff, and selling the same at auction. The defence is that the wifeof the plaintiff being , desirous to purchase some carpeting, applied to the de- j lendant, Wilcox, who sold her the quantity wanted on the following terms. Mr. llohinton wus to execute a mort- ' gage to Wilcos on all i.ii household furniture, for the ( sum of two hundred and nine dollars and payments of ten ( dollars to be paid weekly until the face of the mortgage was satisfied. Default having been madn in the payments the defendant foreclosed his mortgage on the 3d ol Jaaua- , ry and sold the goods mortgaged, the plaintiff contending that he had no right t* sell under the mortgigeuntll the 19th o! Jnnunry, and having made ? before the ^origage was due, he seeks to recover the value of the goods , -old, and damageslfor having made an unlawtul torecloinrr Verdict for plaintiff $100 . , 1 I). P.vans and Wm Unlock, for plaintiff , I. B Bhep | herd lor defendants. 1'nlted Rtatti Circuit Court. Before Judge Betts. March 9.? The Sotnert Tragedy.?The (irand Jury came into Court this morning, and in accordance with the advice of the Court yesterday, brought in the following question in writing :? "Have the OranJ Jury any Juriadictionnver.or arethey to niase inquiry into any offence* committed on l>oar<l of American ship* o! war, and whilst en the high seas, if no, i* it their province to enquire into the oll'ence alleged to have been committed by Capt. McKenzie or any other persons on hoard ol the ling of war Bomrrs, complaint* of which aie herewith submitted?" Accompanying this question Alderman Purdy, the foreman, submitted three hills, or complaints, the first charging Com. McKenzie wiih the murder Philirt .Hndnpur* thp opnnnfl fharainnr fk? "? * ? ? ?o.'iq oanic with mttnslnugiiter in the case olElisha Small; and the third the same in the case of Samuel Cromwell. The bills stated the names of the witnesses, and that they were now in attendance to be examined by the Grand Jury. Judoe Betts?It is usual In all cases of questions presented to the Court by the Grand Jury, for the Judge to (tive his views immediately, and without consideration.? On all ordinary occasions this course can with propriety ba '.a'ten, as the questions presented aro not attended with my difficulties which require consideration. But it must happen at times that the questions presented for the consideration of the Coart will be of a mora abstruse and difficult character, and require more mature consideration.? The jurisdiction of this Court is restrained and limited by the laws ot the United Stutes. And it is by no means easy at all times to decide what is its precise extent. The case now presented to this Court for investigation is one of great magnitude, and some considerable difficulty The usual course taken by a Grand Jury is to bring in such hills as they may deem proper, and for the Court to consider the question ot jurisdiction afterwards. But I shall in this case depart from the ordinary course, and give the advice asked for in advance of action by the Grand Jury. And in consequence of the great importance of the matter now presented for my consideration, I shall call upon the District Attorney to give his views upon the subject, and shall also afford an opportunity to the other side if any person wishes to be heard. Mr. District Attorney Hoffman?I find myself placed, may it please the Court, in a very anomalous predicament; 1 have already expressed my opinions very fully upon the question now submitted to tne Court, denying the right ol inquiry to the Grand Jury in the matter now before them. Aud it would not only be embarrassing, but unreasonable to expect me now to turn round and argue the other side of the question. I am informed that thero are persons in attendance on the Court who aro prepared to submit an argument in favor of th>- right of Jurisdiction in this matter by the Grand Jury. Mr. Morris can state the facts. Messr?. Butler Si O'Connor?We appear hereforthe parties complaining, and are prepared to submit an argument upon the question. Mr. Hoffman?I understand that Mr. McKenzie has counsel^ and it is for the Court to decide whether it will hear an argument exparte or not. It is a matter of perfect indifference to myself personally what course is takes In ths argument. Messrs. Butler and O'Connor?It is altogether more agreeable to us, and indeed what we would(ask were it proper for us to make tho request, to hare present the counsel of Messrs. McKenzie and Gansevoort. It is far from our desire to improve even an accidental advantage. Mr. Hoffman?It is quite indifferent to me whether Mr. McKenzie's counsel are present or not; I only mention tho fact that there are such counsel, and it is for the Court to say when, or under what circumstances, the argument shall be heard The names of Messrs. Robinson and Duer were mentioned as Mr. McKenzie's counsel. Judge Betts?We will consider this subject, and hear the arguments to-morrow morning; to which time tho question will stand adjourned. The Grand Jury can attend and hear the arguments if they see fit. We subjoin from one of the evening papers, what purports to be the opinion oi Chancellor Kent, as to the question of jurisdiction now at issue. Notwithstanding it is extra judicial, yet it is entitled to great consideration,and will undoubtedly have due weight in the opinion of his Honor, Judge Betts. It is certainly given at an important crisis in the investigation Casb. Captain McKenzie is on trial before a Naval Court Martial, upon a charge of murder, committed on the high seas, while acting as Commander of the United States sloop-of-war Somers. The trial is proceeding on board the U. S ship North Carolina, and has been penning for some weeks past. Captain McKenzie had been previously tried before a Naval Court ol Enquiry on the like charge, Onrl flrnnittoit ! i? ctatn.l that ? ????! !?? ? ?? ferred against Captain McKenzie bclore the Orand Jury, in the Circuit Court of the United State*, now fitting in New York, in order that he may be indicted and tried in the same Court, for the same allege! crime. My opinion is requested on the question, whether* District or Circuit Court of the United States can properly take cognizance of the charge under the above circumstances 7 Ormiow. In this same case of Captain McKenzie, Judge Betts, of the District Court of the United States, some weeks ago, left it as a doubtful or unsettled question,whether the Circuit or District Courts ot the United States had, under the Crimes Act of March 3d, 1135, concurrent jurisdiction with Courts Martial, over offences committed on board shi|? of war. If they hod, he considered that the proviso of the eleventh section of the Act referred to, showed that the pow ers of Courts Martial were net abrogated or suspended ; and that it was doubtful whether the Coarts of civil jurisdiction were under the necessity of exercising their jurisdiction. First. I consider the better opinion to he, that crimes and offences committed on the high teas by a person in the actual service ot the United States, an board one of their vessels of war, and duly commissioned and claiming to act under that authority, arc not cognizable under the juris diction oftho Courtsof the United States. Thefittiag and peculiar cognizance of such crimes and offences isd? the Naval Courts Martial, instituted under the act 01 Congress or April 33d, 1S00, which created a Naval Code of Martial Law, for the trial and punishment of crimes and offences committed in the Naval service of the United States. It has been from the beginning an adjudicated and settled principle in the jurisprudence of the United States, that the Kedetal Courts have no criminal jurisdiction but what is expressly conferred upon them by acts of Congress. New there is no statute any where giving express jurisdiction to the Civil Courts of the United S'etrs over crimes at sea in the United States Navy. The enactments iu the .Naval Code ot 1800 cover the whole ground by the detailed and specific provisions for the punishment of crime* committed in the United states Navy, by Naval Courta Martial, which have jurisdiction to try all Crimea and ofiences whatever, to committed, and to acquit or to convict and award the highest punishment< known to the law. If the Crimea Act of 1826 intended to interfere with the Naval Code of discipline, and transfer it to the Civil Courta, the intention ol Congresa would no doubt have been expressly and clearly declared. Such a fatal interference as it would he even to give concurrent jurisdiction to the Civil Courts, ought not to ha left to construction, and to be drawn by inference merely. I consider, therefore, the sounder opinion to be, that thejuriadictionof the Naval Courts Martial is in the case stated exclusive, and that the Courts of the UDitcd States of civil jurisdiction, have no lawful oogniaance of the case. Nor ought they to have upon princi pica of public policy, nor would they have without totally impairing the authority,oharacter and discipline of the American Navy. Courta Martial act under a distinct and peculiar code, and which Lord Mansfield termed a sea military code, which the wisdom of ages had formed. The act of Congress of "23d April, 1800, had digested and adopted that code It specified particular punishments for particular crimes, and declared further, that all crimes committed by peraotis belonging to the Navy, and not therein specified, should be punished, "according to the laws and customs in such cases at set." This is what Lord Mansfield hail xlto declared, when he observed that "when a man is charged with an offence against the articles, or where tho articles are silent, against the usiiages of the Navy, be could only be tried by a Court|Martial." In the Naval public service, Commanders ' must act upon delicate suspicions, upon the evidence of their own eyes. Thay mnst give desperate commands?they must require instantaneous obedience.-' A Naval tribunal only Is capable appreciatingall these circumstances, and without that stern discipline and perfect command that tho naval code requires, an \merican man-of-war would soon become, to uio again an expression of Lord Mansfield, "a rabble, dangerous only to their triends, and harmless to the enemy." Second. But if the federal civil courts be admitted to liavo concurrent jurisdiction in the case of such officers, ..ut tkuv lnun (Kuf itiriffiili^tinn if a Mouol rone* \An?* 1*1 had pi eviously taken cognizance of th* charge. In the cuf of concurrent jurisdiction under thn same government, jurisdiction attache* exclusively to the one that first assumes cognizance of the case?for no man can be tried at the lame time in two juriidictioni. It would be equally unjust and abiurd. If he be acquitted by a Naval Court Martial, that acquittal would he a good bar te an indictment and trial for the name offence , lor no person, says the eonititutlon ol the United States, shall be "sub ject, for the *ame offence, to be twice put in jeopardy of life or limb.'' If he be in trial before, a Naval Court Martial, that fact would constitute a good plea in abatement ul any criminal prosecution instituted in a National Civil Court of criminal Jurisdiction lor the same offence. It may he declared as a settled principle, and founded on the plainest justice and good sense, that where there are two tribunals under the same government, of concurrent Jurisdiction, the Jurisdiction of that tribunal which first takos cognizance by process of the subject matter, is conclusive, and a plea in abatement of such a Mt-piueswt would be available. Were It otherwise, a man might ho not only harrassed, bnt destroyed in the conflict between the two jurisdictions, both claiming him and trying him it the same time. , . . . In my opinion, therefore, In either WUit of *'ew of the i iiest ion stated, the Circuit Court of the United State* for New York, cannot lawfully,nor without great injury and injustice, take cognizance ofthe emo.^ New York, March 7,1943. Arrival*. Ahebicais?Hon. Levi Woodbury and family, from Washington; Hon. R. McLellan nnd lady.NawYork; Hon. fudge Berrien, U. A. Senator-. Pranci* Boykiff and lady, >f Paris, and Lieutenant R. q. Butler, U. 8. Corps of Engineers Q(f- Barnum gives a Orand Oala of performances tolay, afternoon and evening, upon an occasion ol great hterest to the friends nnd patrons of the American Muleum, the anniversary ol its foundation. The wholo establishment will be in its holiday dress, and what with the iplendid Dioramas, the admirable stage performances, the leautiful Melodian, the Indian Chiefs, and innumerable ittrartiom, it will be a recti# of rare excitement. {R7- DODWORTH BALI Our readers will bear in uin-i that this fine Rail romc* oil this ovoning at thn Apollo. The Indian Chiefs now In this city, are to bo .hero also, and remain till after supper, they having e> [itrssod a strong desire to be prevent at a Ball in this city W>- lee| assured tliey could Hot have ehoseu a better time.

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